eWave: Bills to regulate drone use expected again this year in RI General Assembly

Saturday

Sep 21, 2013 at 1:04 PM

G. Wayne Miller Journal Staff Writer gwaynemiller

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PROVIDENCE, R.I. — In proposing to regulate how law enforcement could use drones, Rep. Teresa Tanzi, D-South Kingstown, said she aims to strike a balance between protecting individual privacy and Fourth Amendment rights and allowing authorities access to a new tool that could help criminal investigations and related police activities.

Tanzi is lead sponsor of House legislation that was introduced in February but was not put to a vote. She intends to resubmit the bill in 2014. And while she once thought it might take years to win approval, she now believes passage could come sooner.

“I was overwhelmed by the number of people who came to testify in support” at the bill’s April 2 House Judiciary Committee hearing, Tanzi said. “We had people from Occupy Providence to the tea party to regular average citizens coming in in strong support. People understand this, on a very basic level — that their right to privacy has the potential of being violated. Of course, we know what has happened since then with the NSA spying and Snowden and all of these revelations.”

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Under Tanzi’s legislation, no law enforcement entity could acquire a drone without a public hearing and the approval of a city or town council, or the governor for state departments, such as the state police. The attorney general’s office would control drone operation, and — as with wiretap operations — a court order showing reasonable cause would be required, except during emergencies when life was at risk. Drones could not be armed. They could collect information only on a “designated target and shall avoid data collection on individuals, homes or areas other than the target.” They could not employ face-recognition and other biometric technology on nontargeted individuals.

With its emergency exemption, the legislation would not prevent use of drones for search-and-rescue operations. Nor would the bill prohibit commercial use of drones — unmanned aerial vehicles, or UAVs, as they are technically known — which already is regulated by the Federal Aviation Administration.

“There are reasonable uses for them and I think very positive potential uses for them,” Tanzi said.

A bill similar to Tanzi’s was introduced into the state Senate during the last session of the General Assembly by Deputy Minority Whip Nicholas D. Kettle, R-Coventry, and Deputy Minority Leader Dawson Hodgson, R-North Kingstown.

“In an ever-changing world, with advancing technology, it is imperative our Fourth Amendment is protected,” Kettle said. “I feel it is imperative that a legal framework be in place before Rhode Island law enforcement agencies start using drone technology in order to protect citizens’ rights and law enforcement.”

The Senate bill begins: “The right to privacy is fundamental in a free and civilized society. ... The use of UAVs by law enforcement without first obtaining a warrant is repugnant to a free society.”

Although leaders of Rhode Island’s law enforcement community say they have no plans to fly drones, some say it is only a matter of time.

“It’s important to start the conversation about this and what that framework should look like,” Hodgson said. “It’s a rare instance of our General Assembly being proactive.”

According to the American Civil Liberties Union’s domestic drone project, legislation to control use of drones has been introduced in all 50 states. As of Aug. 28, eight states — Florida, Idaho, Illinois, Montana, Oregon, Tennessee, Texas and Virginia — had enacted laws.

Kettle plans to reintroduce his Senate bill next year. The hope, Hodgson said, is that one bill will receive bipartisan support in the Senate and House.

That hope seems realistic, Tanzi said.

“You couldn’t get more of a left-right support on this, from the far ends of each spectrum right across to the middle.”